1 2025:CGHC:36618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8068 of 2025 1 - Smt. Bimla Bai W/o Puran Verma Aged About 45 Years Presently Working As Labour (Daily Wages) Posted In Rest House Sub Division P.W.D. Khairagarh Chhuikhadan Gandai C.G., R/o Village Pipariya Ward No. 1, Tahsil Khairagarh District Khairagarh Chhuikhadan Gandai C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Public Works Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, Distt. Raipur C.G. 2 - Engineer-In-Chief, Public Works Department, North Block, Sector-19, Nirman Bhawan, Atal Nagar, New Raipur, District- Raipur C.G. 3 - Executive Engineer (B/r), Public Works Department Division Khairagarh District Khairagarh Chhuikhadan Gandai C.G. 4 - Sub Divisional Officer, Sub-Division P.W.D. Khairagarh, Public Works Department District Khairagarh Chhuikhadan Gandai C.G. ---- Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. F.S. Khare, Advocate For Respondent(s)/State : Mr. Vinay Pandey, Deputy A.G. Hon'ble Shri Justice R avindra Kumar Agrawal Order on Board 28/07/2025 1. By the present petition, the petitioner is seeking a direction towards the respondent authority to regularize the services of the petitioner on the VEDPRAKASH DEWANGAN Digitally signed by VEDPRAKASH DEWANGAN Date: 2025.07.29 17:27:23 +0530 2 post of Labour pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 2. Case of the petitioner, in brief, is that the petitioner is presently working on the post of Labour in the respondent Department as daily wager and has completed more than 17 years of service approximately. The petitioner is having all the requisite qualifications for holding the post of Labour. The petitioner had submitted her detailed representation to the respondent authorities for considering hers case for regular appointment on the post of Labour as she had already completed of service more than 17 years of service approximately. 3. Learned counsel for the petitioner submits that the action on the part of the respondent authorities is illegal, arbitrary, discriminatory in nature and also violative of the principles of natural justice and Articles 14, 15 & 21 of the Constitution of India. The petitioner is a daily wager since long. He would further submit that the State government has regularized the services of similarly situated daily wage employees on the basis of circular dated 05/03/2008, therefore, the petitioner is also entitled for regularization of her services on the post of Labour. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar vs. State of Chhattisgarh, WPS No. 4293 of 2012 (decided on 10/02/2023) 4. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioner. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others vs. The State of Jharkhand and Others, Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018), held in para 11 as under: "11. Under the circumstances, we are of the view that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularization Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularized unless there is some valid objection to their regularization like misconduct etc." 7. Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, the petition is allowed. The respondent authorities are directed to inspect the muster roll and all records when the services of other daily wagers were regularized. If the case of the petitioner is also found to be similar to those daily wagers whose services were regularized, her services be also regularized from the same date with all consequential benefits. It is also directed that all this exercise be completed within a period of 60 days from the date of receipt of a copy of this order. Sd/- (Ravindra Kumar Agrawal) Judge ved